British Citizenship Application for a former Overstayer?

[John9966]

Hello All...
Hoping that some of you may have some qualified/experienced advice for me.
I'm looking at finally filling out my application for UK Citizenship.
However after reading into some of the guidelines posted on the web, I'm questioning my chances for a successful outcome.
My background is this.... I'm am an Australian National who has lived continuously in the UK since 1987.
I originally entered back in the 1984 on a 2 year Working Holiday visa. I split the time across that visa with a 18 month break back in Australia.

So in 1987 I entered the UK legally and had the intention to go back to Australia, however life, love, & a young man's thought processes got in the way and I remained.

In 2012 I received ILR after going down the route of the 14 Year rule at the time.
I was then able to marry my partner of 6 years at that stage, she is a Naturalized UK citizen and we are still together.

I was misinformed by my Lawyer at the time that I could apply for UK Citizenship and under discretionary powers the BA would likely grant it.....However,they did not!!
A return letter cited the reason as that I had not been in the UK without immigration control long enough to qualify.....the last sentence basically said "come back to us in 2017"!

So now after living here for 32 years, paying taxes & NI since my first job back in 1987, a home owner, married, no criminal record, and been here legally on ILR for almost 6 years....could the BA still refuse me once again? ...£1300 is not an amount I can just throw away easily.

Thoughts, advice apprciated??

[Casa]

In my opinion there is a risk of refusal, as the 'Good Character' rules were tightened in 2014 resulting in refusals due to poor previous immigration history.

https://assets.publishing.service.gov.u ... .0-ext.pdf

9.7 Evasion of Immigration Control
Evasion of immigration control in the last ten years, including but not limited to having:
failed to report
failed to comply with any conditions imposed under the Immigration Acts
been detected working in the UK without permission

My understanding is that you will only be clear to apply 10 years from the date you were granted ILR in 2012.

[ajitk1]

[quote=John9966 post_id=1639867 time=1527509027 user_id=195945]
Hello All...
Hoping that some of you may have some qualified/experienced advice for me.
I'm looking at finally filling out my application for UK Citizenship.
However after reading into some of the guidelines posted on the web, I'm questioning my chances for a successful outcome.
My background is this.... I'm am an Australian National who has lived continuously in the UK since 1987.
I originally entered back in the 1984 on a 2 year Working Holiday visa. I split the time across that visa with a 18 month break back in Australia.

So in 1987 I entered the UK legally and had the intention to go back to Australia, however life, love, & a young man's thought processes got in the way and I remained.

In 2012 I received ILR after going down the route of the 14 Year rule at the time.
I was then able to marry my partner of 6 years at that stage, she is a Naturalized UK citizen and we are still together.

I was misinformed by my Lawyer at the time that I could apply for UK Citizenship and under discretionary powers the BA would likely grant it.....However,they did not!!
A return letter cited the reason as that I had not been in the UK without immigration control long enough to qualify.....the last sentence basically said "come back to us in 2017"!

So now after living here for 32 years, paying taxes & NI since my first job back in 1987, a home owner, married, no criminal record, and been here legally on ILR for almost 6 years....could the BA still refuse me once again? ...£1300 is not an amount I can just throw away easily.

Thoughts, advice apprciated??
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Just amusing how people justify their transgressions. The law is blind and once you cross that line you are guilty. Why does every person who committed an immigration offense repeatedly say they paid taxes & NI, worked hard and grew the economy? Does that cover up any offence? Do you realise that when u were illegally working, you were also depriving some legal resident from a job? Immigration offence is also criminal is some way and many people spend months in detention. Its not us you are trying to convince. Its the case worker who has guidelines to do their job.

[John9966]

@Casa ....Thank you for the reply...the Evasion of immigration control in the last ten years is the concern I now have.

[John9966]

Ajitk1...thank you for you moralistic views on my situation, I didn't ask for it and I'm not here to "convince" anyone about the justifications I had as a young man.

It was a different world back then...it immigration offences weren't demonized or considered "criminal" as you put it....if its so criminal...why did they give me indefinite Leave to Remain?
As for my taking someone's job? ....well some may look at differently and say somewhere in Australia, someone's taken the job I would have been doing? ...perhaps someone from your family?

Depending on which Home Office policies are in place at any given time determines the outcome of any applicantion. As I said in my O/P ...The Home Office reply I received in 2012 suggesting I could reply in 2017....I am trying to assess that feasibility.

Thanks for your interest, anyway.

[ajitk1]

Ajitk1...thank you for you moralistic views on my situation, I didn't ask for it and I'm not here to "convince" anyone about the justifications I had as a young man.

It was a different world back then...it immigration offences weren't demonized or considered "criminal" as you put it....if its so criminal...why did they give me indefinite Leave to Remain?
As for my taking someone's job? ....well some may look at differently and say somewhere in Australia, someone's taken the job I would have been doing? ...perhaps someone from your family?

Depending on which Home Office policies are in place at any given time determines the outcome of any applicantion. As I said in my O/P ...The Home Office reply I received in 2012 suggesting I could reply in 2017....I am trying to assess that feasibility.

Thanks for your interest, anyway.

Innocent people are being denied naturalization for not paying TV licence fee, not disclosing visits abroad. You were "illegal" 24 years and all u harp on is you lived here for so long that it is unfair to be deprived since you have a British wife, house, paid taxes. NO my family is not interested in any job in Australia. You can save it for someone in your extended family.

[John9966]

Oh Ajitk1 ....
Wow!...you do sound like a spiteful, bitter fellow, don't you? Why is that I wonder?

I don't "harp on" as you put it....so please don't say anything if you can't simply stick
what's being asked.
My comments regarding my house, wife, full employment were a background indication
that I lived without state aid, benefits, or crime...or in the back of someone's garden shed for that matter.
I have been financially self-sufficient....isn't that a primary concern for any Border Agency when considering an application...no?
Perhaps you should try to seeing other points of view without a bigoted, prejudiced mind.

Bye!

[John9966]

Shame really...
People generally come onto forums such as these for genuine advice or help.... occasionally there's judgmental spiteful people who have nothing constructive to offer, just their bigoted ignorant opinions.

[ajitk1]

Shame really...
People generally come onto forums such as these for genuine advice or help.... occasionally there's judgmental spiteful people who have nothing constructive to offer, just their bigoted ignorant opinions.

Ask for help Surely people will share information. But to try to convince users who have no role to play in the decision making is only asking for sympathy. People here only want to know facts and it should not hurt when you are told that you did not comply with certain rules. There is a difference between citizenship and PR. Due to your family life and long stay you were eligible for PR which is granted. Now you behave like citizenship is your right. Maybe in Australia!!! Here its a privilege. You were careless enough not to regularise your status for something like 24 years taking advantage of your race. Being Australian it was automatically presumed that you were of British origin and were a citizen. UK govt has been very lax. The Caribbeans of the Windrush affair were targetted. Australians not so. Im not bitter. Im only amused by you trying to justify all your years as an illegal here by claiming to pay taxes, ni, owning a house.